HomeMy WebLinkAboutresolution.council.089-03 RESOLUTION NO.
(Seres of 2003)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "SEVENTH STREET/HOPKINS AVENUE CORRIDOR ANNEXATION";
FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.;
ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE
COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING
PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION
OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on August 19, 2003, the Pitkin County Commissioners constituting one
hundred percent of the owners of certain property situate adjacent to the boundaries of the City of
Aspen did file with the City Clerk of the City of Aspen a Petition for 3amexation of territory to the
City of Aspen, whereby real property described in said Petition for Annexation, is being petitioned
for annexation to the City of Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a
communication to the City Council for appropriate action to determine if the petition is
substantially in compliance with Section 31 - 12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That the Petition for' Annexation of territory to the City of Aspen is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby detcmu_ines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to estabhsh
whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m~ on the 27th day of October, 2003, in Council Chambers at City Hall,
130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or more than sixty
days after the effective date of this resolution).
Section 3
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a heating upon said resolution of the City of Aspen for the propose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the heating. The proof ofpubhcation of the resolution shall
be returned when the publication is completed, and the certificate of the owner, editor, or manager
of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of
County Commissioners and to the County Attorney of Pitkin County and to the Aspen School
District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the territory proposed to be annexed, and to prepare
and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
~,~. *~day of .~003.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove
rathryn S. Kp/j/h, cipfClerk
JPW-Og/15/2OO3-G:kJ°~ilkw°rd\res°s\7~h&h°pkins'd°c
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
South Seventh Street
And West Hopkins Avenue
The undersigned Petitioner, being the Land owner within the exterior boundary of the
territory hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in accordance with the provisions of
C.R.S. 1973 31-8-101, et. Seq., as may have been amended, and in support thereof alleges as
follows:
1. It is necessary and desirable that the territory described in the land description below
(Exhibit 1) be annexed to the City of Aspen
2. The requirements of C.R.S. 1973 31-104 and 31-8-105 exist or have been met.
3. The petitioner is the owner of the territory sought to be annexed and therefore is the
owner of more than 50% of the territory sought to be annexed. Pitkin county is owner oflO0% of
the territory being annexed.
LAND DESCRIPTION: See Exhibit 1
ATTACHMENTS: (a) Circulator's Affidavit
(b) Four (4) prints of Annexation Map containing information required by C.R.S.
1973 31-8-107
NAME MAILING ADDRESS DATE SIGNATURE
Board of County 506 E. Main Street ~///7///~-3 ~4~
eitkinC°mmissi°nerS'county Aspen, CO 81611 ~5/k/Hatfield, Ch~
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being duly sworn, deposes and states as follows:
1. I am over the age of 21 years
2. I am the circulator of the foregoing Petition; and,
3. Each signature thereon is the signature of the person whose name it purports to
be.
Subsc~bed and swogn to before me on this [~-] dk?yo7//~f] L,/,.~-m Xf-
~ESS ~ ~ND AND OFFICI~ SEAL ~
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